BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 1059 ----------------------------------------------------------------- |Author: |Eduardo Garcia | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |2/26/2015 |Hearing |6/17/2015 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Laurie Harris | | | | ----------------------------------------------------------------- SUBJECT: California Communities Environmental Health Screening ANALYSIS: Existing law: 1) Under the California Global Warming Solutions Act of 2006, requires the California Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level, to approve a statewide GHG emissions limit equivalent to that level that will be achieved by 2020, and to adopt GHG emissions reductions measures by regulation. ARB is authorized to include the use of market-based mechanisms to comply with the regulations. (Health and Safety Code (HSC) §38500 et seq.) 2) Establishes the Greenhouse Gas Reduction Fund (GGRF) as a special fund in the State Treasury; requires that all moneys, except for fines and penalties, collected pursuant to a market-based mechanism be deposited in the fund; and requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a three-year investment plan for the moneys deposited in the GGRF. (Government Code §16428.8) 3) Under the GGRF Investment Plan and Communities Revitalization Act, for investment opportunities related to the GGRF investment plan, requires the California Environmental Protection Agency (CalEPA) to identify disadvantaged communities based on geographic, socioeconomic, public AB 1059 (Eduardo Garcia) Page 2 of ? health, and environmental hazard criteria, including areas disproportionately affected by environmental pollution. (HSC §39713) 4) Requires the GGRF investment plan to allocate a minimum of 25% of the funds to projects that benefit disadvantaged communities and to allocate 10% of the funds to projects located within disadvantaged communities. (HSC §39713) 5) Requires the ARB, in consultation with CalEPA, to develop funding guidelines for administering agencies receiving allocations of GGRF funds that includes a component for how agencies should maximize benefits to disadvantaged communities. (HSC §39715) This bill: 1) Requires the Office of Environmental Health Hazard Assessment (OEHHA) to update the California Communities Environmental Health Screening (CalEnviroScreen) tool by using any relevant environmental data relating to known impacts on the environmental quality in communities at the California-Mexico border region, including, but not limited to, air pollution, water pollution, and toxic sites. 2) Requires OEHHA to report to the Legislature on any barriers to accessing data for updating the tool by its next update or by January 1, 2017, whichever is earlier. Background 1) The CalEnviroScreen Tool and Disadvantaged Communities. CalEnviroScreen was developed by OEHHA, at the request of CalEPA, to determine a list of disadvantaged communities in California that are the most vulnerable and pollution-burdened. The tool will be used to help direct those GGRF investments targeted for disadvantaged communities, as well as to guide CalEPA in administering its Environmental Justice Small Grants Program and prioritizing resources for cleanup and abatement projects and outreach efforts by the Agency. CalEnviroScreen 2.0 is the most recent version, adopted in AB 1059 (Eduardo Garcia) Page 3 of ? August 2014, after previous drafts underwent public review with input from boards and departments that would be using the tool. According to CalEPA, the current version incorporates 19 indicators, including the addition of indicators for drinking water and unemployment rate, enhances the geographic scale by using approximately 8,000 census tracts instead of zip codes, and has incorporated the most up-to-date information. Indicators include those for exposures, such as ozone concentrations, particulate matter [PM] 2.5 concentrations, drinking water contaminants, and toxic releases from facilities, as well as for environmental effects, such as groundwater threats, hazardous waste, and impaired water bodies. Indicators for sensitive populations and socioeconomic factors are also incorporated. 2) CalEnviroScreen Updates for the California-Mexico Border. According to the "Summary of Major Changes in CalEnviroScreen 2.0" update document, in October 2014 CalEnviroScreen 2.0 was updated to account for gaps in environmental data along the U.S.-Mexico border, including the incorporation of information on: a) Diesel particulate matter emissions, to account for emissions from idling trucks waiting to cross from Mexico into the U.S., specifically for the Otay and Calexico East border crossings, and b) Traffic density for a portion of the roads in Mexico in close proximity to California (within a 150m buffer, as was previously applied to other census tracts within the state). These changes were made in response to public workshops and comment periods following the release of the August 2014 CalEnviroScreen draft. The "Responses to Public Comments on the Method to Identify Disadvantaged Communities Under Senate Bill 535" document was also released in October 2014. In this report, one of the major comments to which OEHHA and CalEPA responded was to "address gaps in the data used by CalEnviroScreen 2.0 to evaluate how pollution originating in Mexico contributes to pollution burden in census tracts along the California-Mexico border." Though the aforementioned updates to diesel PM and traffic AB 1059 (Eduardo Garcia) Page 4 of ? density at the border were incorporated, the ARB reported that, for ozone and PM2.5 air monitoring measurements from stations in Mexico, the data are not currently complete or of sufficient quality to be incorporated into the CalEnviroScreen. However, the United States Environmental Protection Agency (US EPA) is placing two new PM2.5 monitors at the border, including one at Calexico, with completion estimated to be Spring 2017, at which time ARB can evaluate the data. For traffic density, OEHHA reports that the office "recognizes that there are other major roadways within 150 meters of the U.S.-Mexico border. Resources permitting, OEHHA will work with the California Department of Public Health (the source of data for CalEnviroScreen's traffic density indicator) to look into whether additional traffic information is available and of sufficient quality to use in future versions of CalEnviroScreen." For toxic releases and hazardous waste from Mexican facilities in close proximity to the border, OEHHA states that "resources permitting, OEHHA could consult with US EPA and the Department of Toxic Substances Control to determine the feasibility of incorporating Mexican data into CalEnviroScreen indicators." 1) California-Mexico Memorandum of Understanding (MOU) to Enhance Cooperation on Climate Change and the Environment. In July of 2014, California and Mexico signed an MOU to improve and protect the environment as part of a four-year effort. The MOU calls for the development of a Joint Action Plan with four priority action areas, including climate change, air quality, wildfires, and clean vehicles. The goals of this MOU are to share knowledge, information, and experience, as well as coordinate planning efforts for air quality along the border and improve air quality data comparability between the two countries. 2) Health and Environmental Quality in Imperial County and the California-Mexico Border Region. According to the California Department of Public Health, as of 2012, children in Imperial County were hospitalized for AB 1059 (Eduardo Garcia) Page 5 of ? asthma at a rate that was three times higher than the state average. Per the US EPA Green Book list of nonattainment counties for all criteria pollutants, as of January 2015, portions of Imperial County were classified as serious for PM-10 and moderate for PM-2.5. PM-2.5, referring to the fine particle size of 2.5 micrometers in diameter, along with ozone, cause significant adverse health effects, including heart and lung disease, and are measured by a network of ARB air monitoring stations across the state, though not all cities have stations. The New River, which flows north from Mexico, through Calexico, to the Salton Sea, is one of the most polluted rivers in the country, due to discharges from urban, agricultural, and industrial sources in both Mexico and the U.S. In response to concerns about the lack of data factored in to CalEnviroScreen regarding polluted waterways that cross the border, OEHHA responds, "Locations along the US-Mexico border present a special challenge, particularly with respect to sources of impact that originate outside of California for which there are not reliable and comparable quantitative measures. Some contributions are included in CalEnviroScreen, such as rivers designated by U.S. government entities as impaired that flow into the U.S. from Mexico." Comments 1) Purpose of Bill. According to the author, "Border communities along the California-Mexico border are severely impacted by idled vehicles and trucks at the border. According to data from the San Diego Association of Governments (SANDAG), on average approximately 2,400 trucks cross per day in Otay, 832 in Calexico East, 151 in Tecate, and less than one in Andrade. In my 56th Assembly District, specifically in Imperial County whose economy is primarily driven by agriculture, idling vehicles and trucks moving goods across the border combined AB 1059 (Eduardo Garcia) Page 6 of ? with agricultural related air quality impacts places significant environmental stress on the community. This places the health and safety of the public living along the border at risk. Having accurate air quality measuring tools is essential to better understand the severity of the issue and formulate action plans, as well as to help the same communities better compete for AB 32 funding." 2) Use of CalEnviroScreen. As noted by OEHHA Director George Alexeeff, "Rather than looking at individual types of pollution in isolation, CalEnviroScreen helps policymakers and scientists examine multiple pollutants and factors at once." Thus, the goal of the tool is to look at a number of indicators concurrently, in order to have a comprehensive understanding of those areas throughout the state that are most vulnerable to impacts from environmental pollution. With this in mind, it is important to update all relevant indicators, including socioeconomic and sensitive population indicators, so that the tool remains as comprehensive as possible. Furthermore, indicators should be regularly updated throughout the state, as new information is available, and OEHHA has acknowledged that they are aware of a number of potential data gaps in various regions. 3) Statutory Guidance on Border Updates. Per the latest update to CalEnviroScreen, the areas within which the majority of disadvantaged communities were identified included the San Joaquin Valley, parts of Los Angeles and the Inland Empire, and large portions of the Coachella and Imperial Valleys and Mojave Desert, in addition to communities located near industrial areas and major roadways. Given OEHHA's recognition of data deficiencies at the border, the need to balance data analysis with availability of agency resources, and the high numbers of disadvantaged communities in this area of the state, perhaps the statutory direction in AB 1059 would provide guidance in further updating this portion of the tool. AB 1059 (Eduardo Garcia) Page 7 of ? It should be noted that data gaps exist in some areas across the state, not only the border region, and OEHHA works to fill those gaps and keep the tool current. Given its international border, the region in this bill is somewhat unique. While a report on data gaps for this specific region will provide additional clarity for interested groups, it may also set a precedent of regionally-focused reporting requirements which can slow down the update process for the tool. 4) Broad Goals need to be Clarified. The current language in the bill is very broad, requesting updates to air and water pollution and toxic sites from any relevant data. Per OEHHA and CalEPA's comments as of the October 2014 update, it seems that all data of sufficient quality available to-date has been included, and deficiencies in air quality and toxic site data have been acknowledged. Additionally, agencies are conducting studies to evaluate air quality in communities in the southern part of San Diego County (conducted by the University of Washington in 2015-2017), in the southern parts of Imperial County, including the Calexico border (University of Washington and the California Environmental Health Tracking Program), and near the San Ysidro border crossing for fine particles (US EPA and San Diego Air Pollution Control District). Given that OEHHA and CalEPA are aware of the deficiencies in data and work is being conducted currently that would inform future CalEnviroScreen updates, in addition to the fact that CalEnviroScreen already incorporates the broad categories of air and water pollution and toxic sites in their indicators, the following proposed amendments are needed to provide clarity and focus in obtaining the necessary data for incorporation into the tool: a) In order to list the provisions of the bill in chronological order to improve flow, the reporting requirement of the bill (subdivision (c), lines 20-25) should be moved to precede the update to the tool in subdivision (b). b) In order to provide clarity about what data needs to be AB 1059 (Eduardo Garcia) Page 8 of ? updated, strike "any relevant environmental data" and add language to specify deficiencies, barriers to access, and current and future studies and plans to obtain data regarding air quality, water quality, and toxic sites necessary for updating the tool. c) In order to provide additional focus on what data is necessary, add language that the reporting requirement may include, but not be limited to, those gaps noted previously by OEHHA, including air quality measurements for ozone and PM2.5, vehicle emissions at border crossings, complete traffic density data within 150 meters of the border, water quality data for waterways that cross the border, and the feasibility of incorporating Pollutant Release and Transfer Registry information from Mexico into the tool. d) In order to allow OEHHA and CalEPA to most efficiently update and utilize the tool, the update requirement (subdivision (b), lines 15-19) should be modified to note that, once the relevant data is identified, as specified, the office shall include the data in the next update of the tool. Related/Prior Legislation SB 535 (De Leon), Chapter 830, Statutes of 2012, required the GGRF investment plan to allocate 25% of the funds to projects that benefit disadvantaged communities and 10% to projects located within those communities. AB 1079 (V. Perez, Statutes of 2009, Chapter 382), required the California-Mexico Border Relations Council to create a strategic plan to study, monitor, remediate and enhance the water quality of the New River in Imperial County to protect human health and develop a river parkway suitable for public use and enjoyment. SOURCE: Comité Cívico del Valle SUPPORT: Desert Protective Society Eastside (LA) Coalition Against Exide Imperial County Air Pollution Control District Labelgmos.org AB 1059 (Eduardo Garcia) Page 9 of ? La Union Hace la Fuerza Our Roots Multi-Cultural Center Seeley Citizens United The Environmental Justice Coalition for Water The Family Treehouse Tri-Valley Communities Against a Radioactive Environment (CAREs) Valley Improvement Projects (VIP) OPPOSITION: None received ARGUMENTS IN SUPPORT: According to a coalition of organizations in support, "There is currently an absence of empirical evidence that tells the story of the California-Mexico border. OEHHA and California Air Resources Board (ARB) have acknowledged the deficiency and have recommended further study. Given the characteristics of the border, both natural and man-made, there are several variables to consider. Many vehicles sit idle while waiting for both Customs and Immigration inspections. This process of thorough inspection requires time which results in increased carbon emissions, negative health impacts and could potentially limit economic feasibility." -- END --